Expert help with dissolution of civil partnership
The end of relationship is often a very traumatic time. The grounds for dissolution of a civil partnership are:
- One year separation with your partner’s consent
- Two year’s separation without your partner’s consent
- Unreasonable behaviour
It is extremely important that all financial matters are agreed or determined before dissolution. These should be narrated in a document known as a Separation Agreement. This allows your dissolution to proceed as undefended and will save on costs. At Johnson Legal Family Law we believe that pursuing a defended action through the Court should always be a last resort and we work hard to avoid it where at all possible.
The first thing we need to do is establish the relevant date, the date the parties ceased living together as civil partners or the date a dissolution action was served, whichever occurs first. We then must consider partnership property, which covers all the assets and debts acquired by the parties, jointly or individually during the civil partnership but before the relevant date, excluding gifts from a third party or inheritances.
Partnership property can include savings, life insurance policies, rights under pension schemes, bank accounts, timeshares and debentures. It also includes a house acquired before the civil partnership for use as a family home, as well as its contents, however generally not any other property already owned by either party before the civil partnership.
Scottish Law requires that the division of partnership property should be based on fairness which means that the net asset ‘pot’ is divided equally between the parties unless there is a very good reason for not doing so. Such reasons may include the economic burden of caring after dissolution for a child under 16 or the fact that one party gave up work to look after the other party and/or their children.
Costs and Fixed Fees packages
The cost of a dissolution can run into tens of thousands of pounds depending on the complexity of the matters in dispute. We will always give you a regular indication of the likely fees and the amount of any outlays required in taking the advice from any experts such as actuaries or psychologists.
We are all too aware that sometimes the commercial decision dictates that it is far better to offer your ex-partner slightly more than you would otherwise wish simply to avoid legal fees escalating to the point where there is no winner – apart from the lawyers!
Not all divorces are defended and we can offer a fixed fee package for an undefended divorce where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £229 (as at April 2020).
Not all dissolutions are defended and we can offer a fixed fee package for an undefended dissolution where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £229 (as at April 2020).
The simplified dissolution form can be downloaded from the Scottish Courts Website.
We can assist you to complete the application and lodge the papers on your behalf for a fixed fee of £375 plus VAT and the court outlay which is currently £128 (as at April 2020).
We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.
Frequently asked questions to consider…
Yes. You must have corroboration from at least one other person about incidents that he or she can recall having heard or seen for themselves behaviour that was unreasonable and they are willing to either give evidence in court (which is very rare) or by a written statement made under oath known as an affidavit.
That is true. Most of our cases are settled outside court. We at Johnson Legal Family Law pride ourselves in maintaining that statistic which is indicative of how hard we try to resolve matters without litigation.
Yes you can. The court has a procedure which requires steps to be taken to demonstrate you have tried to locate your ex and/or his or her next-of-kin.
If we have everything ready such as the birth and/or civil partnership certificates, corroborative statements if required, then between six and ten weeks should see decree being granted.
It is irrelevant as to whether or not your ex does not wish to get a dissolution. If you, as the Pursuer, have grounds and can corroborate your particular ground of dissolution as required by the court, then you can pursue with the dissolution and, in certain circumstances, seek the expenses of doing so from your ex.
It is not essential to agree all financial matters but ideally we should try to negotiate a financial settlement before proceeding with a dissolution action simply on a cost basis. However if it is not possible to agree financial matters, whether it is in relation to capital or maintenance, then it is beneficial and indeed essential to pursue an action without prior agreement.
No. The party bringing the proceedings has to rely on the other party’s adultery.
Not as long as there is a civil partnership certificate.
It is better that you have agreed the care arrangements for your children, but if this is not possible, they can be resolved within dissolution proceedings.
Wise words from Beverley…
“The best outcome financially for you is to negotiate a settlement covering all aspects of your separation that can be reflected into a document known as a Separation Agreement or Minute of Agreement. Once this has been signed you can proceed to divorce on undefended basis which will cut your costs considerably, as well as your stress levels”.
We can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
Recent Case Studies, Articles and Information
Society has changed enormously since 1995 when the last major piece of legislation about children came into law in Scotland. We now have same sex marriages, laws on surrogacy and [...]
Will the impact of the new “no-fault” legislation to reform divorce law in England and Wales encourage Scotland to make a change?
Under new legislation, couples in England and Wales can now apply for “no fault divorces” under new government proposals. This will come into effect shortly. Parties looking to divorce will [...]
Never mind the Brexit debate of “Will we or won’t we go?”, Family Law solicitors know that conversations about splitting up are taking place in households in Scotland. Splitting [...]
The recent Supreme Court appeal case of Owens v Owens has resulted in considerable public and media attention. Mrs Owens sought decree of divorce from her husband. It was Mrs Owen’s positon [...]
Here to help in a full range of family legal matters…
A stitch in time – consider investing in an agreement to reflect what you both want to happen financially, should your relationship come to an end.
Sort it without court costs – these contracts regulate your separation. From your children to financial matters, these allow you to proceed to an undefended divorce.
Sometimes you need smart experienced lawyers to guide you through the complex legal system to help you deal with the end of your marriage, and to ensure a fair division of all matrimonial property.
Your children are your absolute priority so they are our priority too. We can work hard to help you in all disputes about Parental Rights and Responsibilities including residence and contact.
The law offers limited protection for cohabitees, governed by strict rules. We can make sure you receive a fair deal at the end of your relationship.
At your most vulnerable, we will make sure you and your family is protected.